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Madras High CourtCRL RC(MD)/997/2025allowed

M. Baskar v. The State Of Tamilnadu

2025-08-06Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Baskar ... Petitioner/Petitioner Vs.

The State of Tamil Nadu, Rep. by The Inspector of Police, Velayuthampalayam Police Station, Karur District.

(Crime No.816 of 2021) ... Respondent/Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the order passed by the Learned Principal District and Sessions Judge, Karur in Crl.M.P.No. 641 of 2023 dated 26.04.2023 set aside the same.

For Petitioner : Mr.R.Maheswaran For Respondent : Mr. S.S.Manoj Government Advocate(Crl.Side)

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.641 of 2023 in Crime No.816 of 2021 dated 26.04.2023 on 1/4

the file of the Principal District and Sessions Judge, Karur, allowing the petition filed under Section 451 of Cr.P.C on certain conditions.

2. The petitioner claims to be the owner of the Ashok Leyland Dost bearing Registration No.TN 88 X 7908. The respondent police has registered a case in Crime No.816 of 2021 for the offences under Sections 379 of IPC and 21(1) of Mines & Minerals (Development & Regulation) Act and seized the above said vehicle for the illegal transportation of river sand and the same was produced before the concerned Court and the same came to be remanded in R.P.R.No.140 of 2021 and the same is under the custody of the respondent police.

3. It is not in dispute that the petitioner has approached the learned Principal District and Sessions Judge, Karur, for returning of the said vehicle in Crl.M.P.No.641 of 2023 and the learned Judicial Magistrate, vide order dated 26.04.2023, has allowed the petition on certain conditions. Challenging the same, the petitioner has now come forward with the present revision.

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4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

5. Considering the request of the petitioner, Paragraph No.12 (ii) of the impugned order, dated 26.04.2023 is modified to the extent that the petitioner shall execute a bond for Rs.50,000/- with two sureties like such sum to the satisfaction of the learned Judicial Magistrate No.II, Karur. One surety shall be the blood relative of the petitioner.

6. This Criminal Revision Case is allowed to the said extent. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Principal District and Sessions Judge, Karur.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City.

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L.VICTORIA GOWRI ,J.

gbg 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 06.08.2025 4/4